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Richmond Hill Law Blog

Filing bankruptcy can stop those annoying calls from creditors

When you owe more to your creditors than you are able to pay off quickly and easily, the companies that own your credit card or medical debt will likely start calling you to try to collect. Collection activity can become so stressful and intimidating that you don't even want to answer your phone anymore.

However, you don't have to live your life in fear of who is on the other end of that incoming phone call. If your debt is truly past the point where you can manage the payments, it may be time to consider whether bankruptcy is a viable option.

Breathalyzers are important evidence but may be flawed

Breathalyzer tests have been viewed as infallible and a keystone of drunk driving prosecutions and convictions. But a recent New York Times investigation indicates that this test may be unreliable cast doubt on the validity of DUI prosecutions across the country.

Police have suspected drunk drivers blow into a scientific device that, within a minute, estimates the amount of alcohol in their bloodstream. If the BAC level is at least 0.08 percent, the driver may face conviction. Drivers in all states face criminal prosecutions for failing a Breathalyzer test.

Fighting a DUI charge

Drunk driving is dangerous. It also has serious legal consequences. There are several legal defenses that may be used, in the appropriate circumstances, to fight a DUI charge.

A common defense is that the police officer was not legally justified in stopping a driver. Or, the police officer did not comply with the correct procedures during the DUI arrest. Any illegally seized evidence may be deemed inadmissible and weaken a criminal prosecution or lead to its dismissal. Likewise, defendants may challenge the arresting officer's credibility, or the evidence collected during the stop. This requires convincing evidence. Video or witness testimony may support this defense.

How does traffic court work in Georgia?

Conviction for a traffic offense can have consequences even though these are usually considered comparatively minor crimes in Georgia. Anyone facing a prosecution for traffic violations should be aware of their rights and options.

Most violations are classified as misdemeanors, which may be heard in a county probate court, state court, magistrate court or municipal court in Georgia. Juvenile courts adjudicate cases involving drivers under 16 years of age. Police officers may present evidence and drivers or their attorneys can cross-examine them. Drivers also have the right to testify, present other witness testimony and submit other evidence. Court decisions may be appealed to the state's superior courts.

Scary: Halloween DUI patrols increase odds of arrest

Werewolves, witches, wrestlers, waiters and wildlife will all be roaming Bryan County streets in just a few days. Halloween is right around the corner and with it comes trick-or-treating for the little ones and costume parties and clubs for those a bit older.

Also part of the annual observance of Halloween are increased drunk driving patrols in Richmond Hill and all across Georgia. The point of those patrols is more than public safety, of course. It is also to stop vehicles and make DUI arrests.

Changing marijuana enforcement cultivates confusion

Georgia is becoming more tolerant toward the use and cultivation of marijuana. But, different local ordinances and enforcement is causing confusion about enforcement of these drug offenses.

Under state law, marijuana possession is a misdemeanor and punishment can be up to one year of imprisonment or a $1,000 fine. But, 12 Georgia counties or cities passed local laws lowering the penalties for possession of an ounce or less of marijuana. Approximately 11% of the state's population live in places where it is unlikely that they will be imprisoned for possessing less than one ounce of marijuana.

4 areas of consideration for bankruptcy

For some people, the first time they confront the amount of debt they have is when they check their credit report. If you have recently looked at yours and feel like you will continue to live a life in debt while struggling to make the minimum payments on all your accounts, you probably realize that it is time to do something about it.

You might consider bankruptcy at this point. This enables you to regain control of your finances in a responsible way. It is often the last resort for people who have mounting debts that aren't going down despite making regular payments.

Georgia among worst states for bites

Each year, there are 4.5 million dog bite victims from dog bites in this country which also raised premiums for home insurance. Unfortunately, Georgia was among the 20 worst states for dog bites.

Dog bites cost insurers $675 million last year. According to State Farm and the Insurance Information Institute, this constituted one-third of all homeowners' liability claims that were paid in 2018.

What legal theories apply to a dog bite case?

As previous posts here have noted, dog ownership comes with many responsibilities. However, even when a dog owner is not aware of any dangerous propensities of their pet, it may be possible to hold them liable for a dog bite. When an individual suffers harm due to a dog bite, that individual may be able to seek legal recourses through a civil action. However, in order to obtain a monetary award, the victim needs to consider what legal theory of liability will apply in the matter.

There are several nuances when it comes to applying dog bite laws, and the success of a victim's legal action is often dependent on the legal theory they apply to the matter. What legal theories apply to a dog bite case? Typically, this can be broken down into two categories, which includes "strict liability" and "negligence." With regards to strict liability, a victim can seek compensation without having to prove fault. There are two types of cases in which strict liability applies. The first is when a dog is proven to be vicious or dangerous. The second is when a dog was legally required to be restrained, but was not.

Taking action after suffering a dog bite

Being a dog owner in Georgia and elsewhere comes with many responsibilities. This goes beyond ensuring that the pets are healthy, fed and taken care of. This also means ensuring that people are safe around your dog.

Suffering a dog bite can be a very shocking event for everyone involved. A dog owner may be surprised by the event, and the bite victim may be overwhelmed by the emotional and physical harm caused to them by a dog they never suspected would bite or attack them. At our law firm, we understand the pain and suffering that can happen to a dog bite victim. We are dedicated to helping individuals in the Richmond Hill area explore and understand their rights.

Balbo & Gregg, Attorneys at Law, P.C.

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